St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-02
terests of the university Is not so alarming
as to warrant the court in restraining tn
construction of the road.

tercSlS Ol IHt uutftTSitf ID HOt 81 dldINiliiS
as to warrant the court in restraining the
construction of the road.
THE SYLLABUS.
The syllabus is as follows:
University OF Minnesota, appellant, VS.. st
Paul e. Northern Pacific railroad, w. w
Hayward. Asa h. Camp and Charles Robin
son. respondents.
SyllabuS-The evidence in this case is not
returned, but the findings of fact by the tria
court are held sufficient to support its lega
conclusions that when the condemnation p TO
ceedings set forth in the record were insti.
| tuted the land in controversy had not been
accepted or acquired by the university
or appropriated for its use, and that the
threatened injury to the educational interests
Of the latter was not such as to warrant the
court in restraining by injunction the CON
struction of defendants line of railroad.
Judgment affirmed. VANDERBERG, j.
OTHER OPINIONS.
George w. Nichols, respondent, VS.. the Chi
cagO, Minneapolis j. Omaha Railway com
pany, appellants.
Syllabus-The plaintiffs buildings alleged
to have been destroyed by fire negligently
communicated by one of defendants engines,
were insured at the time and after the com
mencement of this action; the amount for
which they were insured was received by
plaintiff; held that the action might properly
be continued and prosecuted to Judgment by
plaintih. Evidence in plaintiffs behalf held
sufficient to waive presumption of negli
gence on the part of the defendant, and the
question, whether, under the circumstances
disclosed such presumption, WAS rebrtted by
the testimony of defendants witnesses, was
for the jury. Order affirmed.
VANDERBERGH, j.
The State eX rel. Western Land Association OF
Minnesota VS.. james A. Smith, county
auditor,
Sylabus-General Laws 1877, chapter 6,
section 25 extending the time of redemptions
from tax sales tn three years held applicable
to unforfeited lands bid in by the state and
not yet assigned. Section 81 of the same
chapter, requiring notice of the expiration of
the time of redemption. by persons holding
tax certificates" held applicable to an as
signee or grantee acquiring such interes
after forfeiture, in which case. by the term:
of the statute the conveyance is absolute
and without redemption. Laws 1877, chapter
6. section 81; general statute 1878, chapter
ii, sections 101 and l02 such notices are no
required to be served on behalf Of the state
Order affirmed. VANDERBURG, j.
Alonzo c. Scott and Elizabeth Scott, appel
lants, VS.. William Austin. respondent.
Syllabus: The statuary exception by the
terms of which "boua fide purchasers OF
negotiable paper" are protected from the
avoiding effects of usury is not applicable to
mortgages securing negotiable paper. One
seeking, as plaintiff in an equitable action
cancellation Of usurious securities given by
him should offer in his complaint to pay the
real amount of the debt. This requirement
If equity has not been ahrogated by oul
statute. Plaintiff not entitled to,relief and
Judgment affirmed. DICK INsON, j.
DISSENTING OPINIONS.
am unable to assent to the last PROPOSE
ton laid down in the fOrepOipV OniniOD
think that the provisions of section of the
statute above cited were intended to apply as
well to actions brought by borrowers for re-
lief against usuriouS notes or other securities
as to those brought against them in which the
usury is set up by way OF defense, and that
in the former equally with the latter the
note or other security Whenever its uSurious
character is made to appear, should be de-
ciared void, and ordered Cancelled and deliv-
cred up Internationally and without injurina
the borrower to repay the lender the amount
advanced with legal interest.
If this section does not mean this, am un
able to conceive what purpose it was intended
TO SubSerye. Its language is very broad and
general and not suggestive of any distinction
between actions in which the borrower OF
plaintiff plead the usury as cause of action
aud those in which, as defendant, he sets up
by way of defense. OF course it must be un
derstood or limited to actions between the
borrower and party against whom the illegal
ity of the contract may be asserted, for bona
| fide purchasers of negotiable paper before
maturity are excepted by the express terms
OF the statute, and where property mortgaget
or pledged to secure uSuriouS debt has beer
sold to bona t1de purchasers for valuable con
sideration of course, his title to the property
is protected by other well recognized rules
of law. MITCHELL, j.
agree with my brother, Mitchell.
RERRy T.